The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-04

IN me Supreme Court Of the Territory OF
Utah. No........of 80. Term. In
Equity.
The United States of America, Plain
tiff, VS.. the Perpetual Emigrating
Fund Company, Albert Darlington.
+. D. Richards, F. NJ. LYMAN. II
s. Eldredge Joseph f. Smith,
Angus NJ. Cannon, Moses Thatcher,
John B. Winder, Henry Din
Woodey, Robert I Burton. A. y.
Smoot, and H. B. Clawson, Defend
ants.
The joint and several answer OF the
Perpetual Emigrating Company, Al
bert Darlington, F. d. Richards. F. NJ.
Lyman, H. S. Eidredge, Joseph F.
Smith, Angus NJ. Cannon, Moses
Thatcher, John R. Winder, Henry DIN
woodey, Robert T. Burton, A. o.
Smoot and H. B. Clawson defendants to
the bill of complaint exhibited again.t
them in this court by the United States
respectfully shows:
These defendants now and at all times
hereafter, saving and reserving to them
selves all manner CT exceptions to the
many insufiCiencies, uncertainties and
inconsistencies into said bill contained,
and praying the same benefits OF this
answer as though they had pleaded or
demurred to the said bill of complaint,
for answer thereto or to so much there
of as they are advised is necessary or
m O Thorn n
say:
FirSt-These defendants admit that
ON the oath of September, 1850. the
Assembly of the Provisional Govern
ment of the State of Deseret, which
was afterwards organized as the Terri
tory of Utah, passed an ordinance
authorizing the Incorporation of the
Perpetual Emigrating Fund Company.
which ordinance was afterwards, on the
18th of January, 1856, re enacted and
amended by an act Of the Legislative
Assembly of the Territory of Utah,
and that IN pursuance of the provisions
of the said ordinance and act the Per
petual Emigrating Fund Company was
organized as corporation and has ex-
ercised the powers conferred upon it by
the aforesaid acts OF Incorporation.
SecOnd-These defendants admit that
the Perpetual Emigrating Fund Com
pany was, on the 18th day of February,
1887, corporation for the purposes ex-
pressed in the said acts of incorpora-
ZION, and still continues to exist as a
corporation, and aVer::that by virtue OF
said acts OF incorporation IL Is entitled
to and has perpetual succession.
1hSd-These defendants admit that
Albert Darlington is the president OF
said corpora ion, and that +. D. Rich
ards, L. N. Lyman, h. s. EIdredge,
Joseph +. Smith, Angus NJ. Cannon.
Moses Thatcher, J ohm K. WindeT, A. q.
Smoot, and h. b, Clawson are assist
ants, and that the said persons con-
sltute the officers OF said corpora
ton.
F0urth-These defendants admit that |
in pursuance of the powers conferred |
upon said corporation by its said |
charter 1t has, from time to time, re-
ceived donations in money and other |
personal property, all of which it has, |
from time TO time, expended for the !
uses and purposes in the said Garter |
provided, but aver that it has never |
held or owned at any time since its III
corporation any real estate whatsoever;
that the contributions TO its funds have
been By II Expended, as they have been
contributed, and that at no time has
any fund remained on hand for anv
length of time; that il did not, on the
18th day OF February, 1887, nor on the
3rd OF March, 1887, hold, own or pos
sess any real or personal property what.
soever, save and except certain promis-
sorry notes, which had been heretofore
gwen TO 1t by emlgrantS in payment OF
advances by the said corporation TO
them to assist them in their emigration,
and which said notes are for the most
part barred by the statute OF limitations,
lncoilectable, of no value, and wholly
worthless.
Fltth-These defendants admit that
IN the 10Th of February, 1887, an act
vas passed by the Senate of the United
states. by which the ordinance of the
Government of the State of
Ueseret, as re-enacted and amended by
he act of the Legislature of the Terri
DRY OF Utah, was attempted and pre-
ended 10 be disapproved, annulled and
epealed, and the corporation of the !
Perpetual Emigrating Fund Company
vas attempted and pretended to be dis
olved and all of its property and as {
cts in excess of its debts and lawful I
laims were attempted and pretended to I
re escheated to the United States, but
yer that the said act did not become a
sw until the 3rd day OF March, 1887.
md your defendants aver that said act
i'd not, and could not lawfully dis =
olive or disincorporate the said Per- t
etual Emigrating Fund Company; that "
y the terms of the acts OF incorpora- a
ion hereinbefore referred TO the said lC
was granted perpetual sue b
ession, and that by the acceptance OF c.
be said charter the said acts aforesaid a.
ecame contracts between the incorpor. a.
tors OF said corporation. on the one
art, and the Territory of Utah and the
United States, on the other part; and
our defendants further aver that il
as no. within the constitutional ,.
overs OF the Congress OF the United ~
tates to repeal or annul the said 81
1arter, or to disincorporate the said n
)rporation without its consent. pi
urther answering, these defendants Is
yer that no power or authority ex- Vi
ted in the Congress of the United ol
.ates to escheat the property of said re
,rporation to the United States, and OF
lat so much of said act iof March 8, Oh
81, as pretends or attempts to dis te
i've the said corporation or forfeit or N N
cheat its said property is contrary to ~
e provisions of the Constitution of u! .ll